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Hazard, Ky.. Mar. 12th, 1912. ’ ,
‘ E. _ S. J‘oue'bt, Esq_., :
Winchester, Ky. ; =
Dear Sir?- ' '
I have had a tall: with W. Williams about the various cases 1
here and. he tells me he has. settled the following ones, and. has re" 1:
ceipte in full of same» %\ "
D. s. Billingham (I failed to get 9%“: of this set'mta ‘
Marouekj. Maueeeiny settled for $7. ; -
Pet-e Celitri, “ M l n , .
Thomas Harvey, 1* Y? m\ 1 P. B. Yilinn. ,,
m M. Walla ce agrees to b g o suit if he can get 9133*
thing reasonable in eettlemen \ He 1 . for his home, Byington,
Tenn” about Mar. 5 or 4. W- 0' crutches when he left 03121.13 #4 on . .
cooper'e been , The iheur .‘ox ere promptly notified. of the ac- .
trident. he” willime say“. -- .\. good. worker and honest, and. should
haven fair _eettlernen'bct i hat if the 0.0. can get a settlement
fair} $4500o it would b ' . ade to make. -
‘ ; , ' Mrs 1311. ' -Q ig- 5 he can settle’the Curtis Swen trouble
; for $1315 to $26»
, ‘ J‘IemeeQ?L,men the men who loet a leg by the explosion of ”
' dynamite on Dec. 1911, and. who was at the time a foreman on the
works, says if the co; will pay him foremens wages from the time he ‘
wee hurt until: he is able to restme work. and. will pay the Dry bills
> and. furnish him a cork leg then give him a section foremanua place
(which he agrees to faithfully filll}r fer life; he will dismiss fine
emit and. pay his attorlleyee Or he will take $6000. and. his 13:2» mam
5:1 ’:'-'31:!“ settlementa
‘ Mr. Carroll, Cincinnati, 0:», who was Jones Davie time
' keeper claims to have reported this case to the ins. 00. His affi"
ciavzit might help to make them come to terms. Ploughmah would. not_
" give we a written statement but I think is an honest fellow and Wlll
' not make any falee statements. .
I have seen Mrs. Heah D. Johnson, a» (3. Baker and Polly Ann
' rounge Their damage so far as I can see is quire “small, and they are
holding out for to much yet”! Mrs. Johnson will tai-‘IG 33,250. and. Baker
5,3500. today. Twenty five ($25) ought to repair the damage done 1'.}
both of them. » '

 I have ridden awayfrom Hazard to see anyone owing to the
bad weather and high waters, HOpe to “be able to 3et out more next
weekc
‘ I have made out my expense acct; and am sending; by thie
. mail to L. e2 ’53. Co.» at Lexington. They may send my check to 370119: If .
‘ so address it for me and place at Clerk 00. Bank and oblige
_ “Jam’s, , ‘
‘ We 719 EL“? an? > .
Original in 958. _

 I, Sept -1lth, 1911.
I’Rflr I a”
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1'51?- Ec S c J 017.6131; 1,'" y;//
7 v‘ [I 7\
Winchester, Feniucky.Ҥ g \V
. I ,/
Dear X:r:— 1’ '
Enclosed find copy of the Petition in the case if Leah
D. Johnson, &c., defendants and also the Answer, Counter—Claim
and Croqs Petition in the case of W. C. Fversole, plaintiff v.
Lexington & Eastern Railway Cowynny, defendant.
Yours very truly,
_ . Wootton & Hargan,
Bar/1:10, Per 1.”oc:tion.
Original in 724.

 . / ‘
X" ’ {j
Jones Brothers to G. L. Williamson.
March 20th, 1912.a ' A
. lgah_nguighnsgh. Regarding this suit will say that this
damage was done by one of Jones, Davis 00. sub~contractors by the
name of Mason & Burkholder. Masoh at present is with the firm
of Mason & Hurst'co. completing the Hoskins tunnel on Jones
‘ ' Bro's. contract. I should think this suit would fall on this man
Madon to defend as I know he has had serviggrgg him. The darage'
was caused by these people throwing material acres the river at ‘
, Hazard by the blasting they done when on this work.
Original 121872. . ' V

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\ .

 . -- PERRY CIRCUIT COURT.
Leah D. Johnson, Plaintiff.
Vs. Petition. ~w“ ‘

Lexington & Eastern ,
Railway company, , _ gramém
R. E. Mason and John Hurst,?z i4 “* ‘ j
& Jones, Davis Compeny., ’ Defendants.

The plaintiff, Leah D. Johnson, states that the defendant,
Lexington & Eastern Railway Company, is a corporation, incorporated
under the laws of the State of Kentucky, with power to contract and
be contracted with, to sue and be sled, in its corporate name, and
that its chief office is in the City of Lexington Kentucky.

She likewise states that the Jones~Davis Company is a .
corporation, incorporated under the laws of the state of Kentucky,
with power to contract and be contracted with, to sue and be sued
under its corporate name, and that its chief Office is near Hazard,
Perry County, Kentucky. I '

She states that she is now and has continuously been the
owner and in possession of the hereinafter described town lot for
the last five years and was the owner and in actual possession at ,
the time the wrongs, acts and damages hereinafter complained of were
committed by these defendants, their agents, hired hands and employb
ees; said town lot is described as follows: lying and being in the
town of Hazard, Perry county, Kentucky, on the west side of Main
Street, near the lower end of said street and adjoining the lot of
R. C. Baker's, and beginning on the southeast corner of said R. o.
Baker's lot; thence running with the line of said Baker's lot to the I
North Fork of the Kentucky River; thence up the river with its
meanders to the northwest corner of what is known as the J. J. 0.
Bad lot; thence with the north line of said lot to main Street;

 , ‘\
O
~8~
thence north with Main Street to the Beginning, 3
die says that her dwelling house in which she lives with
her family stands upon said lot and did at the time of the wrongs,
acts and damages hereinafter complained of were committed; that
same is a two—story frame house consisting of six rooms and a back
porch; that adjacenm thereto upon said lot stands her store house
which consists of front and back room and that said store, and that
said store house stood upon said lot at the time the wrongs, acts,
dcpredations and damages hereinafter complained of was committed.
She states that the defendant, Lexington & Eastern Bail-
way Co. is the owner of a right—of—way running parallel with the
back side of said plainiiff's lot, with the Norh Fork of the Kentucky
River, lying and running between said lot and said railroad bed, '
and right-ofsway; that said town lot lies upon and adjacent to the
east bank of said river and defendant's said Railway Road bed lies
upon the west bank of said river and adjacent thereto; that said
river between said railroad bed and said lot is only about 200 feet
in Width. i
That on or about September lst, 1910, the defendant,
Lexington & Eastern Railway 00., through and by its contractors,
Jonea~Dayis Company, B. E. Mason and John Hurst, its co—defcndants,
through and by its and their hired hand, agent and employees, conr
ymenccd and begun and have continuously since that date, been engaged
in the grading and construction of its said road bed on the opposite
side of said river from this plaintiff‘s aforesaid houses and lot
. and that its right of way opposite her caid house and lot and for
several hundred feet both up and down the river from plaintiff's
said houscsVland lots, consisted of almost wholly of a solid cliff
of rock out of which said road bed has been and is now being con- '
structed by these defendants, and these dcfondanis through their

 O

*J‘
contractors, hired hands, agents and employees, wrongfully and
without right and in negligent, careless and wreckless manner in the
grading of its said road bed, placed great charges of dynamite,
powder and high explosives in said cliff of rocks and earth and
fire them off in such a wrongful, negligent, careless and Wreckless
manner that they did at divers time throw great rocks upon the

I plaintiff's house and lot which did knock great holes in the roofs,
walls, ceilings, floors, and wall paper of said buildings through
which the rain poured, wet and damaged the buildings aforesaid and
that by reason of said negligent, careless and Wreckless acts afore-
said of these defendants in blasting and grading said road bed her i
said houses upon said lot have been dwnaged by them in the sum of

‘ two hundred and fifty ($250.00) dollars.

She further states that at the time said defendant begin
the construction of said road bed opposite her said dwelling house
she was occupying and residing in said dwelling house with her family
which consisted of her self and husband, a girl whom she has reared
from childhood and was keeping a boarding house for a living, and
that by reason of the wrongful, negligent, careless and wreckless
manner in which these defendants, their hired hands, agents and em—
ployees did said blasting and shooting dynmnite, powder and high ex—
plosives in grading said read bed and by so continuously throwing
stone, rock and dirt upon her said houses and lot and by knocking
great holes in her said houses as aforesaid they have constantly
kept herself, family and boarders in great fear and danger of losing
their lives and have at divers times wrongfully run them all from
her said dwelling and has constantly kept them, herself, family and
boarders in xxx: fear of great bodily harm and of their lives by
reason of the said blasts, and by reason of the facts aforesaid
these defendants have wrongfully and without right in manner and form

 O

~4~
as aforesaid injured her in the use and enjoyment of her said dwell~
ing house and lot as her home and dwelling and boarding house to
her great damage in the sum of two hundred and nifty ($250) dollars.

Wherefore, plaintiff prays judgment against the defendants

, Lexington & Eastern Railway company, Jones—Davis Company, B. E.
Mason, and John Hurst for the sum of five hundred dollars in damages
for her cost and all proper relief.
' Miller & Wheeler.
Attorneys for Plaintiff.

The plaintiff, Leah D. Johnson, says that the statements

contained in the foregoing petition are true as she believes.
H e 1‘
Lead X D. Johnson.
Mark

Subscribed and sworn to before me by Leah D. Johnson, this

the 7th day of September, 1911.
P. T. Wheeler.
Notary Public, Perry 00., Ky.

 ‘ .4
Q 9 , f ‘
M kg FEE-ZR? CIRCUIT MW“
Leah n. Jahnrson, Plaii‘ltif‘f.
:3 9‘1 ; V
V8. Petition. .; “g a
MW‘ ,
Lewingtnm & Eamtern
Railway Ccmyany. .
R. E. hagon anfi John Eurat, m
& Jonam, Davia Company., Defenflantfi. ;
Th3 plmifiiiff, Leah 3. Johnann, Staies Ehwa the nfifenfiaut,
Laxiagtafl & Eagterfi Railway Gompany, 13 a corymratimm, incorparatad
unie? aha laws 0? the fit ta nf‘KeflkueKy, Vixh pnwer ta auntrnfit anfi
re nontraeted ?ibh, to sue gmfl ha mnefi, in its amrynwata name, 3nd
thqt 1&9 ehiaf offiee ia in aha City 0? Lexington Keniueky.
She likewifiw Statefi thafi fiha Jomes—Davig Congany 1% a
cafpofatimn, incargnriaed'nnder @ha lgwg uf the State 0? iafitucky,
“iih power 1w flaatraet amfi be anatraated Tiah, in mue flfifi be fined
-unfler itfi cwvyafate mama, #nfi that iig ahief affine 1% near Hazard,
Perry Gaumiy, Kvatncky.
’ Ska States thwt aha i3 n0“ anfl hag anniimnwualv bafin aha
Owner mafl in pafiaeagian a? EH8 haveihafter fiaswribafi 20*n 13% PS?
the laat five yaara Sufi W38 khe oner anfi in actual yoasewwiun at
the time tfie Vranga, flats mnfl fiamfigafl nauaiflafter wampifiined a? were
«03miztefl 3y thmaa flafanfiani%, their agefita, hirwfi hanfla and emplayb
368; aaid fiflwfl lot 1% fleanribafl a9 folluwa: lying and Teing in fine V
gown 3? Hazard, ?FTKE Cannty, Kamtucky, on tha west sifie a? Main
Street, nmar the lower and of @%i& atreat and aajoining the 10% of
a. 6. Baker'&, Pflfi hayinning on the somthaast nurnsr of Raid 3. C. .
Baker'g lat; thence runfling with the line of maid Baker's lot $0 the
Noxth “ark of‘che Kehtneky fiiVBT; thence up the river with its
meanders to the northwest earner 0? What is Knovn an xhe J. J. C.
Baé lot; thence with Lha norih line of saifi lot to gain Str&et;

 . .

" -a-
thence north with Main Street to the aeginning.

She says that her dwelling house in Which she lives With
her fauily stands upon said lot and aid at the time of the wrongs,
acts and damages hereinafter oomylaiaea of were committed; that
game is a sun-story frame house consisting of six rooms and a back
porch; that adjacent thereto upon said lot Stfifid8 her store house
‘high ccngigtq of front and back 300m and that said store, and that.
said store house stood upon said lot at the time the wrongs: acts,
fianredatione and damages hereinafter complained of was committed.

She states that the safendant, Lexington a Eastern fiaix- .
way Go. is the owner of a right—ofwway running parallel with the
back side of said ylainiiff's lot, witn.tho Mort Fork of the Kentucky
River. lying and running between said lot and eaié ratixoaw pea.
and rigntroF—Wsy; that said EQVfi lot lies upon and aagceent to the
east bank of sate river and éeffiufl nt's said Railway Road nae lies
upon the west bank of said river and adjacent tear to; that said

river between said :stiroafi bed and said lot is only about 200 tact
in Width.

That on on swung September iet, 1910, the defendant,
Lexington a Eastern Railway Co., through anfi by its contractors,

Jones-Davis Comgany, R. R. Leech and John Lurst, its eo~defendants,
through and by its and their aired hand, agent enc anyloyeea. 303*

' nausea and begun and have continuonaly fiiflefi fibfit fiat”: befifi engaged
in the grading and qonetructiou of its said read bed on the opposite
side of scic river from this plaintiff's aforesaid houses and lot
and that its right of may opposite her said house and lot and for
several hundred feet both up and corn the river from yiéfintiff's
said.nousesfind lots, consisted of almost thally of a solid cliff i ,
of rock out or which said read bed has been and is now being con?
structed ry these derenfiants, and these defendants through their

in

 " .
a. 3- 7
contractors, hired hands, agents and employees, wrongfully and
without right and in negligent, careless and Wrecklese manner in the
grading of its said read had, placed great charges of dynamitEo
powder and high explosives in said cliff of rocks and earth and V
I fire them off in such a wrongful, negligent. careless and wreckless H
manner that they did at divers time throw great reeks upon the
plaintiff’s house and lot which did knock great holes in the roofs,
Walls, ceilings, floors, and “all harer or said *uildifisfi thWOGEH
which the rain poured. wet and danasefi the huildings 8f0F@Sflid and
that hy reason of said n gligent, careless and wreckless acts afore-
said or these dersndshts in blasting and grading said read bed her
said houses upon said lot have hash davages by them in the sun of
two hundred and fifty ($fl50.00) dollars.
She further states that at the time said defendant begin
the construction of said road bed opposite her said dwelling house
she was occupying and residing in said shelling house with her family
whigh cofiqigtefi up her self and husband, a girl Whom she has reared'
from childhood and was keeping a boarding WGMSG f0? a living, fifid
that by reason cf the wrongful, negligent, careless and wreckless
manner in which these defendants, their hired hands, agents and em-
_ ploygag did said blasting and shooting dynamite, pchder and hifih 83‘
plosives in grading said read ted and ty s0 santinuously throwing
stone, rock and dirt upon her said houses end lot and hy knocking
great holes in her said houses as aforesaid they have constantly
Kept herself, fmaily and boarders in great fear and danger of losing
their lives and have at divers times wrongrnlly run them all from
her said duelling and has constantly kept them, herself, family and
hoardsrs in area tear of great hodily harm and of their lives by a
reason of the said tlasts, and by reason of the facts aforesaid ‘
these defendants have wrongfully and without right in manner and form
.

 I s

..4.—
as afaxeeaid injured.her in aha nge and enjoyment of hgfi Said fiwall-
ing hou%% and Eat $8 he? homa anfi fiwelling and b0arding.hunsa t0
her great damage in the sum of two hunfired and fiifty ($850) figllars.

Wherefcre, yiaintiff fixnys guabment against the fie€snfiants
Lexing‘en & Eafitern BailW%y Conpwny, Jon98*Davia company, R. E.
nasen, and John Hurst for the gum of five hunfired dollarfi in dumxgas
For her cost anfi all prayer reiiaf.

31111163? .8: ‘..’hemlex‘.
Attarneyh €03 Plaintiff.

The plainxiff, Laah b. Johnaon, ways thafi aha sfiatemants

montaiueé in the Foragoinh getiiion are true a8 aha kalieva$.
H.933
Lmad X D. «Infirmmn.
E'sim‘hi

Subseribfifi mnfi awnrn i0 bafnre me by Leah b. Jahnfian, this

the Vth 59y of September, 1911.
3::”. To (731993.633.
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7 1 March 11th, 1912.
Mro E. S} Jouett, .
Winchesten Ventuchy. ., _
Dear Sir:— '
Yours of March 8th received enclosing your opinion con» I '
'struing the contract under which the North Fork Extension was let
out. \Also your euggestiows as to compromises is carefully noted. I '
have made some effort on my part to settle with these parties, hnd
I have had Mr. V} X. Eubank to rake sore effort, but we find that ‘
the parties will not compromise for anything like a reasonable
amount.
- (The darages are very small, and the parties all want not
less than $500e00, with the exception of Leah D. Johnson, who Wants
$250.00, and her damages will not exceed $15;00. The attorneys ‘
\ for these parties, Baker, Farler, and Young, have gotten them to
believe that they can recover $500.00 to $1,000.00. 80 there is ‘
nothing left for he to do but to fight these cases. i ' ‘
Mr. Willoughby has not yet reached Hazard. ’I will also
have a talk with him when he comesfl
Yours very truly, » -
I Wootton & Morgan. .‘
JM.fc. '
' Original in 678.

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W PERRY amour: COURT. V '
Leah D. Johnson, Plaintiff.
Vs. Petition.
Lexington & Eastern
Railway Company,
3. E. Hagen and John Uurst,

'1 . & Jones Davis Campany., ‘ Defendinia.

. Tha plaintiff, Leah D. fohnson, state; that the defen»

\ dantE LExinrton & 'astern Railway Vampany,is a 5 csrpOTation, incer»
porated under the laws of th? Stat? Hf Kantuskyj with pawgr t@ can»
tract amd be cantracted with, ta snefi %nd 33 aged in its carporate
name, anfi that its cheif office 15 in the flit: cf LexingtOn Kantucv
Ecgr‘

She likewise statas that 1311-: Jonas—Dathls Company is a
corperationi finccrporated under the laws of the State of ;entucfiy,
wing pfiwer t0 contract and he contyacted “31h; i3 awe and be sued
under its corporate nanefi tad that its chief affice is naar Hazard?
Perry Countyg Kentuckye

:Shangmtfi5xxikfiXxghxxizxxfixxxmfixkxxxhaxm 3kg

She statea that SE? is NOW aufl has continuously Egan
them Hi? and in poasession of the ha einafiter deaorib%d tawn Est fer
the last five years and was the Ojner and in aétual pesseésion at x
the time the wrougs, acts and damages h%r@inafter complained of wgre I
cammitted Ey these aefendants, their agents, hired hands and emplay-
ees; said town lot is described as Follows: lying anfi heinx in the
.town of «azard, Perry County, Kentucfiy, 0n the west side 0? Main
Qtreet, near 3h? lover and of aaid street and adjoining the lot of
R- C- Baker‘s, arid ‘179ginninc 011th: soumeast comer of said. Sammy
Baker's lotgthence running with the line of said Baker's lot to the

 .
North Fork of the vautncky River; thence up tne river with its
meandees to the northwest corner of what is known as the J. J. C.
_ Bach lot; thence with the north 7ine of said lot to main Street; 2h:
thence north with Main Street to the Eeginning.
She says that her dwelling house in which she lives with
her family stands upon said Tot and did_at the time of the wrengs,
acts and damages hereinafter complained of were committed; that
same is a two=stroy~fram house consisting of sin rooms and a tack
‘porch; that adjacent tnereto upon said tot stands he? store house .
which consists of front and back room and tnat said story, and that

said store house stood upon said lot at the time the wrongs, acts,
depredations and damages hereinafter complained of was committed,

She states that the defendant, rexinntOn Q Eastern Rsilw
wan CO. is the owner of a right~ofcway runninn parallel with the
”side

back"of said plaintiff‘s lot , with the North air? of the ventncky
River, lying and runntn between said lot and sain railroad bed,

and right~of~wayg ‘hat said town lot lies upon and adjacent to the

east bank of sai' river and defencant's said Railway Road bed lies

upou the west bank 0? said river and adjacent thereto; that said

river between saifl railroad Bed and saifl lot is only stout 200 feet W
in width. . T ’

' That on or about September let, 1910, the de?ennant,
fis$

Lexington , Eastern Railway 00., thFOngn and hy its contractors,
Jonesunavis Company, B. E. Macon and John Wurst, its CO—defefldants,
through qv‘fld 3? i?s and their hired hand, agent and ermloyees, connen

cod and be an and hve centinnonslj since that fiate, been engaged in

the grading and consirnction of its said road bed on the opnosite 5

side 0? said river from this plaintiff‘s aforesaid houses and lot

and that its right=of~way opposite her said house and lot 9111/1 for
several hundred Feet both up and down the river from plaintiff’s 33‘

 ‘9 .
said houses and lots, consisted of almost ‘holly of a solid cliff
of rock out 0? which said road bed Tee been and is now rein” conc
.structed by these yXxXnXXfiX defendants, and these defendants thronfii
the&* contractors2 hired hands, agents and employees, wringfully and
without right and in neqilenb, careless and freckless Madnerin the
grading of its said road bed, placed qreat charges of dymsnite/
powder and high explosizes in said clif? of rocks and earth and fire
them of? in sucha wrongfulF negligent, careless and “reckless manner
that thlydid at divers time throw greet rocks upon the plaintiff's
.house and lot whicfi didknock great holes in the roofs5
wallsi ceilinqs Floors, enfi wall paper of said Euildinis afixresxid
through fl: es the rain *0nred3 wet and defieged the builvings afore=
said and That by reason of said negligent, careless and wreckless
‘ acts afor said of these dePendants in hlasing and Trading said
read bed her said houses upon said let have been damaged by them in
the am of Two sinner-77d ed Fifty ($2250.00) ms
She further states that at the time said fisdxnfismifis defendant ‘
begin the construction of said road bed opgosite her said dwelling
house upxn EEXK she was occupying and residing in said dwellinq
house with her family which consisted uf her self and husband, a girl
whee she has reared from childhood and was Eeeping a boarding house '
for a living, and that by reesen of the wrongful, negligenta cerii'
less and wreckless manner in wh ch these defendants: their hired hands
agents and employees did said blasting and shootimsgqggnmnite,
powder and li'gh ex losives in grading: saiged bed and by so
continuously throwing stone, rock and dirt upon her said houses
and lot and by knocking great holes in her said honses as aforesaid
they have constantly kept herself, family and hoerders in great fear
and danger of losing their lives and have at divers times wrong ~
fully run then all from her said dwelling and has constantly kept
them, herself, fenle and boarders in Exxnz fear of great bodily
harm and of their lwves by reasOn of the said blasts, and by

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0
raasen 01“ the facts aforesaid théee defendants, have 31m ‘.i’l”0ng]’;"i_llly
and without r‘jg‘viniin. 1111111911" and Form :15 aforsiveaid injured he: in the
‘ use and enjoyment of“ her said dwelling house and lei as her heme
2.11213. dwelling: hanger): and boarding; 2102,1533 to her great damage in the
5113er of TWO Hunfif'ed 311117} 71ny ($2250) 3.3011911'8.
‘1'-712*.EREFOT—RE,plnint if‘i‘ p3” :1:/5 judgment againet the defendrmte
Lexinjgt an R: '?a.ste:‘r1 “'LL 1a.}; Company, Jone s»].)avis Company, R. 5?.
Mason, 1:1.an .Toim: .iiurei :"01‘ the 511211 of“ "e Eundr‘ad Dollars in damages,
for he? ::2: cast R111”: 9.1.7., proper relief.
312E111 ~33“ Etc -"VJ. :1
‘At‘"1.afi1‘-:«.';?;rj—T”55f if? :71 if? . '
The plaintiff, T‘i’ D. JOE"11:er:*1, Gnu: in i7": si:.::;ter-.1an.ie
eeeiained in. ihe i‘er‘eyj1;;_'_11;5 petition are tyne as she believes.
her
Lead 3'; I), Johnsnn.
Jr
Subscribed and sworn to "r;.—31‘02”e 1~ by 19921 D. Kai/1:150:11, this the ”,’ch
ri” of" Qaptsflber‘, 13".
P. '.1". Vile-3163“.
Ne?§ry Pififl’i‘SQ‘Pefry Co. 3K1].

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